The state has indicated that it will only continue with the prosecution of a case where two women are battling over a two-year-old baby after DNA results are produced in an Eldoret court.
Two women in the dispute Ursillah Jeptoo and Lucy Koech are both claiming to be biological mothers of the two years and 9 months old girl.
Jeptoo was arrested by police officers on suspicion of stealing the baby from Chepkoech.
The prosecution in court had earlier indicated that the State would not continue with the matter due to gaps in investigations.
“We can, however, commit to moving forward with the matter if the investigating officers bring DNA test results to court,” said the prosecutor.
Last week, Mercy Ruto a lawyer representing the Federation of Women Lawyers (FIDA) Kenya had requested to be enjoined with the State in the matter but the unwillingness of the latter to proceed complicated the application.
Appearing before Chief Magistrate Charles Obulutsa on Thursday, Ruto emphasized that the complainant in the matter who failed to appear in court for the third time deserved representation hence her request.
Ledisha Kipseei lawyer for Jeptoo, however, asked Ruto to decide whether she will represent the complainant or she just wanted to be enjoined in the case as an interested party.
The court last week had directed that the baby in dispute be taken from a rescue centre as initially directed and ordered Samsom Kimeli the investigating officer in the matter, the complainant and the respondents to appear in court.
The magistrate ordered that Jeptoo will continue giving custody to the baby until DNA test results are out.
The matter will be mentioned in court on March 8, 2018, where the police are expected to present DNA test results.